Virginia Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Virginia or Court of Appeals of Virginia where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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CSX Transportation Inc. v. Casale - 11/3/1995
OPINION BY CHIEF JUSTICE HARRY L. CARRICO
This is the second time this FELA case has come before this Court. On the first occasion, Patrick W. Casale (Casale), recovered a $1.17 million judgment against his employer, CSX...
S. F. v. West American Insurance Co. - 11/3/1995
OPINION BY JUSTICE LEROY R. HASSELL, SR.
In this appeal of a declaratory judgment, we consider whether a provision in a liability insurance contract is ambiguous, and we must determine the amount of insurance available under...
Travelers Insurance Co. v. Laclair - 11/3/1995
OPINION BY JUSTICE A. CHRISTIAN COMPTON
These two appeals in a declaratory judgment proceeding present a question of motor vehicle insurance coverage. The dispositive issue is whether an intentional shooting by a person...
Gilbreath v. Brewster - 11/3/1995
OPINION BY JUSTICE ELIZABETH B. LACY
The primary issue in this appeal is whether the dismissal of an action pursuant to Supreme Court Rule 3:3 for lack of timely service is with or without prejudice.
The relevant...
United States Fire Insurance Co. v. Parker - 11/3/1995
OPINION BY JUSTICE A. CHRISTIAN COMPTON
In this insurance coverage case, we deal with the "use" of a motor vehicle in connection with a claim for underinsured motorist protection afforded by Virginia's uninsured motorist...
Godbolt v. Brawley - 11/3/1995
OPINION BY JUSTICE BARBARA MILANO KEENAN
The primary issue in this appeal is whether the trial court, in a civil action for assault, erred in admitting evidence that the plaintiff and one of his witnesses had been convicted...
McMurphy Coal Co. v. Miller - 10/31/1995
Per Curiam
McMurphy Coal Co. and its insurer (hereinafter collectively referred to as "employer") contend that the Workers' Compensation Commission erred in finding that (1) Eddie L. Miller proved he sustained an injury by...
McGuire v. Dobbs International Services Inc. - 9/26/1995
Per Curiam
Dennis R. McGuire ("claimant") contends that the Workers' Compensation Commission erred in finding that he failed to prove that (1) he sustained a back injury causally related to his March 7, 1994 compensable injury...
Harris v. Dimattina - 9/15/1995
Opinion BY JUSTICE BARBARA MILANO KEENAN
In these appeals of judgments entered in medical malpractice actions, we consider whether the trial courts erred in sustaining pleas of the statute of limitations. The parties in both...
Wood v. Bass Pro Shops Inc. - 9/15/1995
Opinion BY JUSTICE LEROY R. HASSELL
In this appeal of a judgment for the defendant in a product liability action, we consider whether assumption of the risk is a defense to a claim of breach of an implied warranty, and we...
Wainger v. Glasser & Glasser - 9/15/1995
Opinion BY JUSTICE ROSCOE B. STEPHENSON, JR.
In this litigation between a law firm and one of its former partners, we determine when contingent legal fees have been "fully earned" within the meaning of the firm's partnership...
Cotchan v. State Farm Fire & Casualty Co. - 9/15/1995
Opinion BY JUSTICE ROSCOE B. STEPHENSON, JR.
The sole issue in this appeal is whether an exclusion in an automobile insurance policy respecting payment of medical expense benefits conflicts with and is prohibited by statutory...
Framing v. Trent - 9/5/1995
Per Curiam
Rappahannock Framing & Trim and its insurer (hereinafter collectively referred to as "employer") appeal from a decision of the Workers' Compensation Commission awarding benefits to Timothy Ladon Trent for an...
Hunton & Williams v. Gilmer - 8/8/1995
OPINION BY CHIEF JUDGE NORMAN K. MOON
Hunton & Williams and Vigilant Insurance Company ("appellant") appeal a decision of the Virginia Workers' Compensation Commission awarding benefits to Sue S. Gilmer for injuries she...
Keen Drilling Co. v. Smith - 6/20/1995
Keen Drilling Company appeals a denial by the Workers' Compensation Commission of its application for change of condition. The issues on appeal are whether the commission erred when it determined that the employer's application did...
Ruddick Corp. v. Robertson - 6/13/1995
Per Curiam
Ruddick Corporation appeals a Workers' Compensation Commission's award of temporary total compensation benefits to the claimant, Julia A. Robertson. Ruddick contends that the evidence is insufficient as a matter of...
Dynatran v. Cooke - 6/13/1995
Per Curiam
Dynatran and its insurer (hereinafter collectively referred to as "employer") contend that the Workers' Compensation Commission erred in finding that it failed to prove that Rose Marie Cooke's claim was barred due to...
Stump v. Doe - 6/9/1995
In this wrongful death case, we decide whether the evidence is sufficient to support a jury verdict for the plaintiff. Even though the trial court set the verdict aside, we state the facts and reasonable inferences to be drawn...
McManama v. Plunk - 6/9/1995
This appeal attacks a party's statutory right to one voluntary nonsuit, as authorized by Code § 8.01-380(B ).
Code § 8.01-229(E )(3) also is implicated here. As pertinent, the subsection provides that "if a plaintiff suffers...
Purcell v. Tidewater Construction Corp. - 6/9/1995
Emmett L. Purcell, Jr., filed a motion for judgment against his former employer, Tidewater Construction Corporation, on February 3, 1994, pursuant to Code § 65.2-308. Purcell alleged that Tidewater wrongfully terminated his...
Gibson v. Riverside Hospital Inc. - 6/9/1995
In this appeal of a judgment in a medical malpractice action, we consider whether the trial court correctly ruled that it lacked subject matter jurisdiction. Our decision depends, in part, upon certain provisions in the Virginia...
Leadbetter Inc. v. Penkalski - 6/6/1995
[20 VaApp Page 456] Leadbetter, Inc. and its insurer (hereinafter collectively referred to as "employer") appeal a decision of the Workers' Compensation Commission awarding temporary total disability benefits to Benjamin Penkalski...
Belch v. Ray Belch Home Maintenance and Floor Covering - 6/6/1995
Charles R. Belch (claimant) appeals a decision by the Virginia Workers' Compensation Commission (commission) that he failed to prove by a preponderance of the evidence that his May 4, 1993 back injury "arose out of" his employment. The...
Preston Trucking Co. v. Barton - 5/30/1995
Preston Trucking Company, Inc. (Preston) appeals the Workers' Compensation Commission's decision that denied its change of condition application. Preston contends that the commission erred by finding that the evidence failed to prove...
Cash v. Howard Johnson Motel - 2/28/1995
MEMORANDUM OPINION BY JUDGE JAMES W. BENTON, JR.
Lucy Collins Cash contends that the Workers' Compensation Commission erred by terminating her temporary total disability benefits after four months when she suffered disability...
McKinney v. Pepsi Cola Co. - 2/28/1995
Per Curiam
Joseph T. McKinney contends that the Workers' Compensation Commission erred in refusing to award him temporary disability benefits related to his compensable December 18, 1989 neck injury. Upon reviewing the record...
Murphy v. Preston Trucking Co. - 2/7/1995
MEMORANDUM OPINION PER CURIAM
Carlton E. Murphy, Sr., contends that the Workers' Compensation Commission erred in denying his application because he failed to prove a change in condition sufficient to justify an award of...
Commonwealth v. Shearrin - 12/27/1994
MEMORANDUM OPINION PER CURIAM
The Commonwealth of Virginia, Department of Transportation ("employer") contends on appeal that the Workers' Compensation Commission erred in finding that Earl T. Shearrin proved that he made a...
Adams v. Commonwealth - 12/20/1994
MEMORANDUM OPINION BY CHIEF JUDGE NORMAN K. MOON
Appellant, Gary Thomas Adams, was convicted of failure to immediately stop at the scene of a motor vehicle accident involving personal injury and of failure to report the accident...
McKenney v. Continental Baking Co. - 11/22/1994
MEMORANDUM OPINION BY JUDGE SAM W. COLEMAN III
On appeal, Michael McKenney contends the Workers' Compensation Commission erred in finding that the evidence failed to prove that his back injury arose out of his employment. Because...
Old Ralph Mining Inc. v. Lyall - 11/22/1994
MEMORANDUM OPINION BY JUDGE RICHARD S. BRAY
In awarding certain benefits under the Virginia Workers' Compensation Act to Jeffery K. Lyall (claimant), a deputy commissioner of the Workers' Compensation Commission (commission)...
Sneed v. Morengo Inc. - 11/8/1994
While employed by Morengo, Inc., Jerry Lynn Sneed was injured in a work-related accident for which he received workers' compensation benefits. Later, he was injured in another work-related accident while working for a different...
Dairyland Insurance Co. v. Maria Elena Douthat State Farm Mutual Automobile Insurance Co. - 11/4/1994
[248 Va Page 628] The sole issue in this appeal is whether Dairyland Insurance Company (Dairyland) and State Farm Mutual Automobile Insurance Company (State Farm) are required to pay prejudgment interest which, when added to the...
Erie Insurance Co. v. Jones - 9/16/1994
OPINION BY SENIOR JUSTICE RICHARD H. POFF
We awarded this appeal to consider whether the trial court erred in ruling that two automobile liability insurance companies are contractually bound to provide uninsured motorist...
McHenry v. Adams - 9/16/1994
OPINION BY CHIEF JUSTICE HARRY L. CARRICO
This case involves a claim for damages allegedly resulting from the improper burial of the plaintiff's mother. The sole question for decision is whether the trial court erred in...
Horton v. Morrison - 9/16/1994
OPINION BY JUSTICE ROSCOE B. STEPHENSON, JR.
In this appeal, we determine whether the trial court erred in dismissing the plaintiff's action on the basis of res judicata or collateral estoppel.
On July 7, 1987, a...
Liberty Mutual Insurance Co. v. Eades - 9/16/1994
OPINION BY JUSTICE A. CHRISTIAN COMPTON
In this appeal, we deal with a collateral attack on a judgment entered upon a stipulation of the parties.
In May 1989, appellee Pamela Wray Eades, the plaintiff below, was...
Griffin v. Sprouse - 8/30/1994
OPINION BY JUDGE LARRY G. ELDER
Kathy S. Griffin ("Griffin")--administratrix of the estate of her father, Thomas Sprouse ("Thomas")--contests the divorce court's resolution of a dispute over the entitlement of her mother,...
Eubanks v. Commonwealth - 6/28/1994
OPINION BY JUDGE JERE M.H. WILLIS, JR.
On appeal from his conviction of leaving the scene of a motor vehicle accident involving personal injury to another, in violation of Code §§ 46.2-894 and 46.2-900, Kenneth Nelson...
Maddox v. Federal Express Corp. - 6/21/1994
Per Curiam
Gary Leon Maddox contends that the Workers' Compensation Commission erred in (1) finding that his back injury and disability after November 11, 1991, were not causally related to his November 13, 1990, compensable...
Vasquez v. Cardozo - 6/14/1994
MEMORANDUM OPINION PER CURIAM
Rene Vasquez appeals a decision of the Workers' Compensation Commission. Vasquez contends that the commission erred in (1) finding that his vision and hearing loss were not causally related to his...
State Farm Mutual Automobile Insurance Co. v. Cuffee - 6/10/1994
OPINION BY CHIEF JUSTICE HARRY L. CARRICO
We must decide in this appeal the extent to which an uninsured motorist carrier is entitled to defend its interests in a personal injury case when the uninsured motorist admits...
Trotter v. Okawa - 6/10/1994
OPINION BY JUSTICE BARBARA MILANO KEENAN
In this appeal of a medical malpractice action, we consider whether the trial court erred in sustaining demurrers on two grounds: (1) that the plaintiff was barred from recovery by...
National Home Insurance Co. v. Commonwealth - 6/10/1994
OPINION BY JUSTICE LEROY R. HASSELL
The primary issue that we consider in this appeal is whether the State Corporation Commission is a court of competent jurisdiction within the meaning of the Federal Liability Risk...
Rizzo v. Schiller - 6/10/1994
OPINION BY JUSTICE LEROY R. HASSELL
In this appeal, we consider whether the plaintiffs presented sufficient evidence to establish a prima facie case of medical malpractice against a physician who allegedly failed to obtain...
Taylor v. MOBIL Corp. - 6/10/1994
OPINION BY JUSTICE HENRY H. WHITING
In each of these two appeals from a judgment against a negligent physician and his employer, the primary issue involves a statutory restriction on the plaintiff's tort recovery rights. In...
Carriage House Press v. Hinson - 6/7/1994
MEMORANDUM OPINION BY JUDGE JOHANNA L. FITZPATRICK
Carriage House Press and its insurance carrier, Hartford Accident & Indemnity Company (collectively "employer"), appeal the commission's October 13, 1993, award of temporary...
Westmoreland Coal Co. v. Powers - 6/7/1994
Westmoreland Coal Company contends that the Workers' Compensation Commission erred in finding that Gary R. Powers sustained an injury to his lower back in an October 17, 1990, industrial accident. Upon reviewing the record and the...
Tackett v. Prince William County School Board - 3/1/1994
MEMORANDUM OPINION BY
JUDGE JOHANNA L. FITZPATRICK
Nell Tackett (claimant) contends that the Workers' Compensation Commission (commission) erred in denying her change in condition application for temporary total disability...
Beverly Enterprises-Virginia Inc. v. Nichols - 2/25/1994
Opinion BY JUSTICE LEROY R. HASSELL
The primary issue we consider in this medical malpractice action is whether the plaintiff is required to present expert testimony to prove the defendant's negligence.
Steven C....
Virginia Farm Bureau Mutual Insurance Co. v. Frazier - 2/25/1994
OPINION BY JUSTICE A. CHRISTIAN COMPTON
In this automobile insurance case, the question presented is whether the trial court erred in permitting parents to recover under the property damage provisions of uninsured motorist...
Kenbridge Construction Co. v. Molina - 11/9/1993
Per Curiam
Kenbridge Construction Co., Inc. contends that the Workers' Compensation Commission erred in finding (1) that Ralph Molina was not able to return to his regular employment as of April 5, 1991; and (2) that Molina...
Reid v. Ayscue - 11/5/1993
OPINION BY JUSTICE ELIZABETH B. LACY
The primary issue in this appeal is whether the trial court properly held that the doctrine of collateral estoppel precluded further
litigation between the parties on the...
Tyger Construction Co. v. Commonwealth - 9/28/1993
OPINION BY JUDGE JAMES W. BENTON, JR.
Tyger Construction Company, Incorporated, and Pensacola Construction Company, joint venturers doing business as Tyger-Pensacola (Tyger), appeal from the circuit Judge's grant of partial...
Lowe v. Union Camp Corp. - 9/28/1993
Upon reviewing the record and the briefs of the parties, we conclude that this appeal is without merit. Accordingly, we affirm the decision of the Workers' Compensation Commission. Rule 5A:27.
The sole issue on this appeal is...
Carter v. Lambert - 9/17/1993
Opinion BY JUSTICE BARBARA MILANO KEENAN
The sole question in this personal injury action is whether the trial court erred in setting aside the jury's verdict for the plaintiff and in entering judgment for the defendant. ...
Ward v. Ernst & Young - 9/17/1993
OPINION BY SENIOR JUSTICE RICHARD H. POFF
We awarded an appeal to a plaintiff, the sole stockholder of a corporation, from an adverse judgment entered in an action for breach of contract and professional negligence brought...
Miller v. Fairfax County Board of Supervisors - 9/14/1993
Upon reviewing the record and the briefs of the parties, we conclude that this appeal is without merit. Accordingly, we affirm the decision of the Workers' Compensation Commission. Rule 5A:27.
Robert F. Miller sustained an...
Thomas v. Thomas - 9/7/1993
MEMORANDUM OPINION BY JUDGE JAMES W. BENTON, JR.
In Thomas v. Thomas, 13 Va. App. 92, 408 S.E.2d 596 (1991), this Court reversed the trial Judge's decision concerning a monetary award and remanded the case for...
Billy v. Lopez - 8/31/1993
OPINION BY
JUDGE LAWRENCE L. KOONTZ, JR.
Tom Billy (employer) and American Reliance Insurance Company (insurer) appeal from a decision of the Workers' Compensation Commission (commission) awarding benefits to Manuel...
Lester v. Performance Buick Pontiac Inc. - 8/10/1993
Per Curiam
The sole issue on this appeal is whether the commission erred in finding that Charles Edgar Lester ("Lester") failed to prove that his back injury and subsequent medical treatment were caused by his industrial...
Cantrell v. Tazewell County Schools - 8/10/1993
Upon reviewing the record and the briefs of the parties, we conclude that this appeal is without merit. Accordingly, we affirm the decision of the Workers' Compensation Commission. Rule 5A:27.
Joyce G. Cantrell contends that...
Casteel v. W.M. Jordan Co. - 8/10/1993
Per Curiam
The sole issue on this appeal is whether the commission erred in finding that Norman D. Casteel's back injury, which necessitated medical treatment and surgery performed by Dr. Robert S. Supinski, was not causally...
Southern Iron Works Inc. v. Wallace - 3/16/1993
OPINION BY JUDGE JOHANNA L. FITZPATRICK
Southern Iron Works, Inc. and Home Indemnity Company (Southern) appeal the decision of the Workers' Compensation Commission awarding Thomas Wallace (claimant) temporary total...
Barnes v. Fashions - 3/16/1993
OPINION BY JUDGE RICHARD S. BRAY
Gloria A. Barnes (claimant) appeals a decision of the Workers' Compensation Commission (commission) which terminated her benefits "for having prejudiced the rights of subrogation" of Wise...
Brown v. Corbin - 11/6/1992
In this appeal of a wrongful death action, we consider whether the trial court properly admitted certain accident reconstruction evidence in the form of expert testimony and a photograph.
On August 15, 1990, Harold Lee...
Arkansas Best Freight System Inc. v. Moore - 9/18/1992
The sole issue in this appeal is whether the trial court erred in its application of the doctrine of res judicata.
On January 22, 1982, H.H. Moore, Jr. Trucking Company, Inc. (H.H. Moore), which operates a long-distance...
Pierce v. Caday - 9/18/1992
In this action by a patient against her physician for the physician's alleged failure to assure nondisclosure of confidential information, we consider whether the trial court properly dismissed the action at the pleading stage of...
Kendrick v. Vaz Inc. - 9/18/1992
In this personal injury case, we consider whether the trial court erred (1) in excluding the testimony of the plaintiff's expert witness and (2) in striking the evidence and entering final judgment in favor of the defendants. ...
Satcher v. Commonwealth - 9/18/1992
In the first phase of a bifurcated trial conducted pursuant to Code §§ 19.2-264.3 and -264.4, a jury convicted Michael Charles Satcher of the robbery, assault and battery, and attempted rape of Deborah Abel and the robbery,...
Grove v. Allied Signal Inc. - 8/26/1992
OPINION BY JUDGE JAMES W. BENTON, JR.
Dalton E. Grove contends that the Workers' Compensation Commission erred in finding that his back injury was not compensable under the Workers' Compensation Act. He argues that the...
Charles v. Precision Tune Inc. - 2/28/1992
Opinion BY JUSTICE LEROY R. HASSELL
In this appeal, we consider the application of Code § 8.01-428(C ) which permits a party to file an independent action to set aside a default judgment.
In March 1990, Mary E....
Besser Co. v. Hansen - 2/28/1992
JUSTICE WHITING delivered the opinion of the Court.
This product liability case involves issues of a manufacturer's tort and implied warranty liability arising out of a third party's alleged misuse of the manufacturer's...
King v. Virginia Birth-Related Neurological Injury Compensation Program - 11/8/1991
JUSTICE HASSELL delivered the opinion of the Court.
In this appeal, we consider State and Federal constitutional challenges to the Virginia Birth-Related Neurological Compensation Act, Code § 38.2-5000, et seq.
I. ...
Todd v. Williams - 9/20/1991
JUSTICE RUSSELL delivered the opinion of the Court. [242 Va Page 179] This appeal arises from a judgment in favor of the defendants in a medical malpractice case. It presents three questions concerning the application of the hearsay...
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